Law Viewer

Back Home

SPECIAL ACT ON REMEDY FOR DAMAGE CAUSED BY THE APRIL 16 SEWOL FERRY DISASTER, ASSISTANCE THEREFOR, ETC.

Act No. 13115, Jan. 28, 2015

Amended by Act No. 14759, Apr. 11, 2017

Act No. 14839, Jul. 26, 2017

Act No. 15461, Mar. 13, 2018

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to commemorate those who perished in the disaster following the submergence of the Sewol ferry in the sea off the coast of Jodo-myeon, Jindo-gun, Jeollanam-do on April, 16, 2014 and to plan community recovery of the disaster areas by providing the persons, etc. who have suffered physical, mental, or economic damage with prompt relief and assistance and mental stability, etc.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 14759, Apr. 11, 2017>
1. The term "April 16 Sewol ferry disaster" means the accident under subparagraph 1 of Article 2 of the Special Act on Investigating the Truth of the April 16 Sewol Ferry Disaster and Building a Safe Society;
3. The term "sufferer" means a person falling under any of the following:
(a) A person (excluding any crew member of the Sewol ferry who absconded from the ferry without taking measures to rescue the passengers) who was aboard the Sewol ferry at the time of the April 16 Sewol ferry disaster but is not a victim;
(b) The spouse, lineal ancestor, lineal descendant, or sibling of a victim;
(c) The spouse, lineal ancestor, lineal descendant, or sibling of a person under item (a);
(d) A person who is recognized as a sufferer by the April 16 Sewol Ferry Disaster Compensation Deliberative Committee under Article 5, such as in a case where a person who has a relationship corresponding to item (b) or (c) with a victim or a person under item (a) with regard to the April 16 Sewol ferry disaster, etc.;
4. The term "unrecovered victim" means a person who was aboard the Sewol ferry at the time of the April 16 Sewol ferry disaster but whose corpse has not been recovered;
5. The term "disaster areas" means an area declared as a special disaster area under the Framework Act on the Management of Disasters and Safety.
 Article 3 (Responsibilities of State and Local Governments)
(1) The State and local governments (hereinafter referred to as "State, etc.") shall formulate and implement comprehensive measures for the sufferers and the disaster areas.
(2) The State shall take budgetary measures necessary for providing support to sufferers and disaster areas.
(3) The State shall make utmost efforts to recover the uncovered victims. <Newly Inserted by Act No. 15461, Mar. 13, 2018>
 Article 4 (Relationship with other Acts)
This Act shall apply to compensation, etc. relating to the April 16 Sewol ferry disaster and shall take precedence to other Acts.
CHAPTER II COMPENSATION, ETC.
 Article 5 (April 16 Sewol Disaster Compensation Deliberative Committee)
To confirm the obligation of the State to prevent disasters, to protect the people from danger from disasters, and to deliberate and adopt a resolution on matters concerning compensation, etc. with regard to the April 16 Sewol ferry disaster, an April 16 Sewol Ferry Disaster Compensation Deliberative Committee (hereinafter referred to as "Deliberative Committee") shall be established under the Prime Minister.
 Article 6 (Persons Eligible for Compensation or Ex Gratia Payments)
(1) Compensation means any of the following:
1. Compensation under relevant Acts such as the Civil Act and the State Compensation Act for damage (including damage from oil spills and to cargo) incurred from the April 16 Sewol ferry disaster;
2. An amount equivalent to the compensation paid by the State rather than a person obliged to pay compensation to sufferers on the premise that the State will make a claim for compensation against the person obliged to pay compensation under subparagraph 1 other than the State.
(2) Pursuant to Article 469 (1) of the Civil Act the State may pay compensation under paragraph (1) 2 by subrogation.
(3) The State shall ensure that ex gratia payments (including an amount determined to be paid to each sufferer pursuant to relevant Acts from among the funds acquired for the April 16 Sewol ferry disaster) be provided to sufferers.
 Article 7 (Compensation for Losses)
(1) The State shall compensate for losses sustained by any of the following persons: <Amended by Act No. 15461, Mar. 13, 2018>
1. Fishery workers who directly engaged in the rescue and discovery with regard to the April 16 Sewol ferry disaster or who suffer damage from restrictions on fishing activities or loss of fishing tackles due to search activities, etc.;
2. Residents of Jindo-gun who suffer damage due to reduction in marine products, damage to fishery production from relinquished fishing opportunities, poor sales of marine products for fishery workers, etc.;
3. Fishery workers who suffer damage from oil pollution caused by the salvage of Sewol ferry.
(2) The standards for compensation under paragraph (1) shall be provided for by Presidential Decree in consideration of causation between the April 16 Sewol ferry disaster and damage under paragraph (1), degree of the damage, etc.
 Article 8 (Deliberation, Resolution, etc. by Deliberative Committee)
(1) The Deliberative Committee shall deliberate and adopt resolutions on the following matters:
1. Matters concerning compensation, etc. under Articles 6 and 7;
2. Matters concerning temporary payment under Article 17;
3. Other matters that the Deliberative Committee deems necessary.
(2) The Deliberative Committee shall consist of 15 or less members including a chairperson and members shall be commissioned or appointed by the Prime Minister from among the following persons. In such case, members falling under subparagraph 1 or 2 shall comprise at least 1/5 of the quota of members of the Deliberative Committee, respectively: <Amended by Act No. 14839, Jul. 26, 2017>
1. Judges recommended by the Minister of the National Court Administration;
2. Licensed legal representatives recommended by the president of the Korean Bar Association;
3. Public officials belonging to the Senior Executive Service in the Ministry of Strategy and Finance, the Ministry of Education, the Ministry of Justice, the Ministry of the Interior and Safety, the Ministry of Health and Welfare, and the Ministry of Oceans and Fisheries or public prosecutors;
4. Persons with expertise and experience in the relevant fields, such as administration of compensation, etc.
(3) The chairperson shall be appointed by the Prime Minister from among members of the Deliberative Committee.
(4) The Deliberative Committee may establish a sub-committee to verify facts, collect and examine relevant data, necessary for deliberation and a resolution under paragraph (1).
(5) Except as provided for in paragraph (1) through (4), matters necessary for the organization, operation, etc. of the Deliberative Committee shall be provided for by Presidential Decree.
 Article 9 (Fact-Finding Surveys, etc.)
(1) The Deliberative Committee may conduct a fact-finding survey necessary for the deliberation and a resolution on the matters under the subparagraphs of Article 8 (1).
(2) Where deemed necessary to conduct a fact-finding survey under paragraph (1), the Deliberative Committee may request relevant administrative agencies, individuals, enterprises, organizations, etc. to submit data or request cooperation.
(3) The relevant administrative agencies, individuals, enterprises, organizations, etc. in receipt of a request for submission of data or cooperation under paragraph (2) shall fully comply therewith unless justifiable circumstances exist.
(4) The Deliberative Committee may collect the opinions of interested parties, such as insurers and sufferers when deemed necessary.
 Article 10 (Application for Payment of Compensation, etc.)
(1) A person (hereinafter referred to as an "applicant") who intends to be the beneficiary of compensation or ex gratia payments under Articles 6 and 7 shall file a written application accompanied by evidentiary documents specified by Presidential Decree with the Deliberative Committee.
(2) An application for compensation or ex gratia payments under paragraph (1) shall be filed within six months after this Act enters into force: Provided, That where an applicant finds it impracticable to file an application within such period due to extenuating circumstances, such as overseas domicile for a certain period, the applicant shall file an application within six months from the date the circumstance ceases to exist.
 Article 11 (Right to Opinion)
An applicant may provide an opinion on the amount of compensation, etc. during the deliberation process by the Deliberative Committee.
 Article 12 (Payment Determination)
The Deliberative Committee shall determine whether to provide compensation or ex gratia payments, and the amount thereof within 120 days from the receipt of an application under Article 10 (1): Provided, That where deemed necessary for a fact-finding survey, etc., the Deliberative Committee may extend the period by up to 30 days and only one time.
 Article 13 (Service of Written Determination)
(1) When the Deliberative Committee determines whether to provide compensation or ex gratia payments, and the amount thereof, an original copy of the written determination shall be serviced to the applicant within 30 days.
(2) The provisions of the Civil Procedure Act concerning service shall apply mutatis mutandis to the service under paragraph (1).
 Article 14 (Re-deliberation)
(1) An applicant who has an objection against the matters determined under Article 12 may file an application for re-deliberation with the Deliberative Committee within 30 days from the date when an original copy of the written determination under Article 13 is serviced.
(2) Articles 12 and 13 shall apply mutatis mutandis to the re-deliberation under paragraph (1). In such case, "120 days" under Article 12 shall be deemed "30 days".
 Article 15 (Approval, Payment, etc. of Compensation, etc.)
(1) Where an applicant who is serviced an original copy of a written determination on compensation or ex gratia payments intends to be beneficiary, an application for payment shall be filed with the Deliberative Committee accompanied by the written agreement of the determination.
(2) Except as provided for in paragraph (1), matters necessary for procedures, etc. for compensation and ex gratia payments shall be provided for by Presidential Decree.
(3) Where an applicant fails to file an application under paragraph (1) with the Deliberative Committee within one year from the service of the original copy of the written determination on the payment of compensation or ex gratia payments, the application for the payment of compensation or ex gratia payments shall be deemed withdrawn under this Act: Provided, That in the case of unrecovered victims (referring to those aboard the Sewol ferry at the time of the April 16 Sewol ferry disaster and whose corpses have not been recovered as of November 11, 2014 when the government provided public notification to cease search and recovery of unrecovered victims of the disaster) the period to file an application under paragraph (1) shall be three years. <Amended by Act No. 14759, Apr. 11, 2017>
 Article 15-2 (Exceptions to Negative Prescription)
Notwithstanding relevant statutes such as the Civil Act and the State Compensation Act, a claim for compensation incurred (referring to the damage inflicted on persons aboard the Sewol ferry at the time of the April 16 Sewol ferry disaster and whose corpses have not been recovered as of November 11, 2014 when the government announced an end to the search for unrecovered victims of the disaster) in the April 16 Sewol ferry disaster shall be extinguished with the completion of prescription if such claim is not exercised during the five years from when sufferers or legal representatives ascertain knowledge of the damage or an inflictor.
[This Article Newly Inserted by Act No. 14759, Apr. 11, 2017]
 Article 16 (Acceptance of Determination on Payment)
If an applicant accepts the determination of the Deliberative Committee on the payment of compensation or ex gratia payments a judicial compromise under the Civil Procedure Act shall be deemed to have been reached between the State and the applicant.
 Article 17 (Temporary Payment and Calculation)
(1) Where deemed necessary, the Deliberative Committee may determine to temporarily provide for partial payment of the compensation under Article 6 (1) to such applicant upon a written application by him/her or ex officio.
(2) The determination under paragraph (1) shall be made within 30 days from the date an application under Article 10 (1) is filed.
(3) Where the amount an applicant is paid temporarily under a determination under paragraph (1) is greater than the final determined amount of compensation the applicant shall return the difference with interest at an interest rate under the Civil Act: Provided, That the interest between the date temporary payment occurs and the date final determination of the compensation shall be excluded.
 Article 18 (Vicarious Exercise of Claim for Compensation by the State)
The State shall be subrogated to a claim for compensation against a person other than the State for up to the amount paid to the applicant according to the determination on payment under Article 12 and the determination on temporary payment under Article 17.
 Article 19 (Exceptions to Inheritance of Compensation)
Notwithstanding Articles 27 (2) and 28 of the Civil Act, missing victims for whom it is unclear whether such victims survived or have deceased shall be deemed to have deceased on the April 16 Sewol ferry disaster for the purpose of inheritance of compensation under this Chapter.
CHAPTER III SUPPORT, ETC FOR SUFFERERS AND DISASTER AREAS
 Article 20 (Principles of Support)
(1) The State, etc. shall devise measures to support sufferers from the recovery of physical, mental or economic harm.
(2) The State, etc. shall provide comprehensive support such as education, health, welfare, care, employment and living expenses to sufferers so that such sufferers may arrange the necessary living conditions to attain mental stability.
(3) Where the State, etc. formulate support measures under paragraph (1) proactive cooperation shall occur in the examination conducted by the support subcommittee established pursuant to Article 16 of the Special Act on Investigating the Truth of the April 16 Sewol Ferry Disaster and Building a Safe Society.
 Article 21 (Participation by Sufferers, etc.)
In formulating and implementing plans to support sufferers and disaster areas, the State, etc., shall acquire the opinions of sufferers and reflect such opinions in the plans to the greatest extent.
 Article 22 (Support for Ansan-si and Jindo-gun with Economic Revitalization)
The State shall devise and implement special support measures to revitalize the stagnant economy of Ansan-si and Jindo-gun with regard to the April 16 Sewol ferry disaster.
 Article 23 (Cost-of-living Subsidies, etc.)
(1) The State may provide the following support money (hereinafter referred to as "cost-of-living subsidies, etc.") to sufferers:
1. Cost-of-living subsidies: Expenses needed to support sufferers;
2. Medical expense support: Expenses needed for the treatment of physical or mental illness, wounds, etc. inflicted by the April 16 Sewol ferry disaster and for hospice care or use of assistive devices.
(2) A right to be provided with cost-of-living subsidies, etc. shall not be transferred to another person, seized or provided as a security.
(3) Matters necessary for the scope of recipients eligible for cost-of-living subsidies, etc., calculation of the amount, methods of payment, period for payment, etc. shall be provided for by Presidential Decree.
(4) Article 3 (2) of the National Basic Living Security Act shall not apply to cost-of-living subsidies, etc. during a period of up to one year established by the Committee for Support for Sufferers and Commemoration of Victims of April 16 Sewol Ferry Disaster under Article 37.
 Article 24 (Support for Counselling, etc.)
(1) The State shall provide sufferers (including the spouses of lineal descendants and the spouses of siblings of victims) with counselling, consultations for management of everyday life, etc. to assist with mental stability and social adaptation.
(2) Matters necessary for the details, methods, etc. of support under paragraph (1) shall be provided for by Presidential Decree.
 Article 25 (Examination and Treatment of Psychological Symptoms, Mental Illness, etc.)
(1) The State shall support sufferers (including the spouses of lineal descendants and the spouses of siblings of victims) so that medical checkup or treatment of any psychological disorder, mental illness, etc. aggravated by the April 16 Sewol ferry disaster is received.
(2) Matters necessary for the details, methods, etc. of support under paragraph (1) shall be provided for by Presidential Decree.
 Article 26 (Leaves of Absence for Treatment)
(1) Where a worker falling under subparagraph 3 (a) through (c) of Article 2 files an application for a leave of absence for the treatment of physical or mental harm (hereinafter referred to as "leave of absence for treatment") from the April 16 Sewol ferry disaster within one year from the date this Act enters into force and the employer shall permit such worker to take a leave of absence.
(2) The period for a leave of absence shall be not more than six months.
(3) Employers shall not dismiss or discriminate against workers for taking a leave of absence for treatment and shall not dismiss a worker while on a leave of absence for treatment: Provided, That where employers are unable to continue business this shall not apply.
(4) Matters necessary for the methods of filing an application for a leave of absence for treatment, procedures therefor, etc. shall be provided for by Presidential Decree.
 Article 27 (Support for Leave of Absence for Treatment)
(1) Where employers permit workers to take a leave of absence for treatment, the State shall wholly or partially subsidize the expenses incurred in maintaining employment of such workers.
(2) Matters necessary for the details of subsidizing expenses incurred in maintaining employment, procedures for filing an application, procedures for subsidization thereof, etc. under paragraph (1) shall be provided for by Presidential Decree.
 Article 28 (Subsidization with Education, Special Screening, etc.)
(1) The State may subsidize tuition fees, etc. as provided for by Presidential Decree of any of the students who satisfy the following subparagraphs at the time of the April 16 Sewol ferry disaster:
1. Students who attended Danwon High School in Ansan-si, Gyeonggi-do (hereinafter referred to as "Danwon High School");
2. Students from among persons who fall under subparagraph 3 (a) of Article 2 and lineal descendants and siblings; or the lineal descendants and siblings of victims, who attended a school under the subparagraphs of Article 2 of the Elementary and Secondary Education Act or a school under the subparagraphs of Article 2 of the Higher Education Act.
(2) The heads of schools under Article 2 of the Higher Education Act may administer special screening to students who were in the second year at Danwon High School at the time of the April 16 Sewol ferry disaster. In such case, up to an additional 1/100 of the admission quota shall be deemed to separately exist, notwithstanding Article 32 of the same Act.
 Article 29 (Exceptions to Emergency Aid and Support Act, Child Care Support Act, etc.)
(1) Persons who are provided for by Presidential Decree from among the sufferers to whom this Act is applicable shall be deemed eligible for emergency aid under Article 5 of the Emergency Aid and Support Act.
(2) Where the continuity of care for an offspring of the sufferer is interrupted due to the activities of the sufferer relating to recovery from damage, such offspring may be preferentially provided with child care service under subparagraph 3 of Article 2 of the Child Care Support Act.
(3) The State, etc. shall devise measures to protect and support sufferers that are minors until adulthood if persons with parental authority over such sufferers are deceased or there is uncertainty as to whether such guardians have survived or departed due to the April 16 Sewol ferry disaster.
(4) Matters necessary for the standards for support, the period, procedures, etc. under paragraphs (1) through (3) shall be provided for by Presidential Decree.
 Article 30 (Request for Cooperation in Financial Transactions)
The State may request public agencies, financial institutions, and relevant institutions or organizations for cooperation, to alleviate the financial burden of sufferers facing economic hardships due to financial liabilities.
 Article 31 (Development and Implementation of Community Recovery Programs)
(1) To facilitate the psychological stability of sufferers and the residents of Ansan-si and the recovery of the community, the State, etc. shall develop and implement programs in consideration of the following matters:
1. Characteristics of sufferers and the residents of Ansan-si, such as gender, age, occupation, etc.;
2. To prevent the departure of sufferers and the residents of Ansan-si from the community and improvement to the quality of life;
3. Participation by and connection with non-profit private organizations, public-interest organizations, clubs, etc. in the field of health, welfare, culture, sports, etc., which are located in Ansan-si.
(2) Where Ansan-si implements the programs under paragraph (1), the State may fully or partially subsidize expense necessary. In such cases, matters necessary for the details, methods, period, etc. of support shall be provided for by Presidential Decree.
(3) The State, etc. shall gather sufficient opinions from sufferers and the residents of Ansan-si for the programs under paragraph (1).
(4) The State, etc. may conduct examination, research, etc. necessary for the development and implementation of the programs under paragraph (1).
 Article 32 (Installation of Community Complex Facilities)
(1) If necessary for community recovery Ansan-si may consult with the State to establish and operate a complex facility that provides counselling and services for health, welfare, care, labor, culture, etc.
(2) If necessary for facilitating effective assistance with community recovery, the head of a complex facility under paragraph (1) shall have the staff of such facility provide personal visits, etc. to the residents of Ansan-si and counselling and services for health, welfare, care, labor, culture, etc. under paragraph (1).
(3) Where Ansan-si establishes and operates a complex facility under paragraph (1) the State shall provide support for expenses necessary.
(4) Matters necessary for the establishment, operation, etc. of complex facilities under paragraph (1) shall be provided for by Municipal Ordinance of local governments.
 Article 33 (Support for Education Normalcy for Danwon High School)
(1) The Minister of Education and the superintendent of education shall formulate and implement a plan to support education normalcy for Danwon High School.
(2) The plan under paragraph (1) shall include the following matters:
1. Matters concerning improvement of the educational environment such as school facilities, equipment, etc.;
2. Matters concerning the securing and placement of school faculty and preferential treatment;
3. Matters concerning the establishment and operation of a specialized counselling body to conduct counselling, etc. for students, school faculty, etc.;
4. Other matters provided for by Presidential Decree with regard to support for the education normalcy.
(3) Where the Minister of Education and the superintendent of education intends to formulate a plan under paragraph (1), opinions of students attending Danwon High School, parents, school faculty, etc. shall be collected.
(4) The specialized counselling body under paragraph (2) 3 may survey the status of harm inflicted upon affected students, guardians and school faculty, actual state thereof, etc.; or request the Ansan trauma center under Article 35 to submit necessary data such as personal information, etc., and the head of the Ansan trauma center in receipt of a request for information shall comply with the request except in extenuating circumstances. In such cases, the State, etc. may subsidize the budget necessary for the status survey.
(5) Matters necessary for the period, etc. of implementation of the plan under paragraph (1) shall be provided for by Presidential Decree.
 Article 34 (Leaves of Absence, etc. by School Faculty)
(1) Where a school faculty member who was working at the Danwon High School at the time of the April 16 Sewol ferry disaster intends to take a leave of absence to treat physical or mental harm from the April 16 Sewol ferry disaster, the person having appointment authority may order a paid leave of absence for up to one year as provided for by Presidential Decree, and may permit additional paid leave for up to one year if necessary. In such cases, unfavorable treatment regarding employment shall not occur for such leave.
(2) Where faculty members are on leave of absence under paragraph (1), a separate quota of faculty equivalent to the number of such faculty shall be deemed to exist from the date such leave begins.
(3) Where there are vacancies due to a leave of absence under paragraph (1) the person having appointment authority shall accommodate such vacancy first.
(4) The Minister of Education or the superintendent of education may implement an education and training program for faculty on a leave of absence as provided for by Presidential Decree.
 Article 35 (Establishment, etc. of Ansan Trauma Center)
(1) In consideration of the special characteristics of sufferers and the communities of the Ansan region, the State shall establish an Ansan trauma center to comprehensively manage the mental health of sufferers.
(2) The State, etc. shall operate the Ansan trauma center under paragraph (1) and matters necessary for the establishment and operations of the Ansan trauma center and delegation of the operation thereof shall be provided for by Presidential Decree.
CHAPTER IV COMMEMORATIVE PROJECTS, ETC.
 Article 36 (Implementation of Commemorative Projects, etc.)
To commemorate the victims of the April 16 Sewol ferry disaster and to conduct education to prevent maritime accidents, the State, etc. shall implement the following projects: Provided, That where local governments implement such projects, the State shall provide support:
1. Creation of a memorial park;
2. Construction of a memorial museum;
3. Erection of a monument;
4. Establishment and operations of a training facility to prevent maritime accidents.
 Article 37 (Committee for Support for Sufferers and Commemoration of Victims of April 16 Sewol Ferry Disaster)
(1) To efficiently promote support for sufferers and projects to commemorate victims under this Act a committee for support for sufferers and commemoration of victims of the April 16 Sewol ferry disaster (hereinafter referred to as "support and commemorative committee") shall be established under the Prime Minister.
(2) The support and commemorative committee shall deliberate and adopt resolutions on the following matters:
1. Matters concerning support for sufferers, such as providing cost-of-living subsidies and counselling and subsidization of educational expenses, etc., support for community recovery, improvement of the educational environment, etc.;
2. Matters concerning commemorative projects, such as a memorial park, a memorial museum, a monument, etc.;
3. Matters concerning the selection of an April 16 foundation under Article 40;
4. Other matters that the chairperson deems necessary to support sufferers, commemorative projects, etc.
(3) The support and commemorative committee shall have the following sectional committees to allocate its duties:
1. Sectional committee to support sufferers;
2. Sectional committee to commemorate victims.
(4) The support and commemorative committee shall consist of not more than 20 members including a chairperson and the chairperson shall appoint chiefs and members of sectional committees from among its members.
(5) The members of the support subcommittee established pursuant to Article 16 of the Special Act on Investigating the Truth of the April 16 Sewol Ferry Disaster and Building a Safe Society may attend the meetings of the support and commemorative committee and provide opinions if necessary to efficiently review the support measures for sufferers.
(6) The chairperson of the support and commemorative committee shall by chaired by the Minister of the Office for Government Policy Coordination and members of the support and commemorative committee shall be the following persons: <Amended by Act No. 14839, Jul. 26, 2017>
1. Any Vice Minister of the Strategy and Finance appointed by the Minister of Strategy and Finance, any Vice Minister of Education, the Vice Ministers of Interior and Safety and the heads of departments in charge of management of disaster and safety in the Ministry of the Interior and Safety appointed by the Minister of the Interior and Safety, any Vice Minister of Culture, Sports and Tourism appointed by the Minister of Culture, Sports and Tourism, any of the Vice Ministers of Health and Welfare, the Vice Ministers of Employment and Labor, the Vice Ministers of Land, Infrastructure and Transport appointed by the Minister of Land, Infrastructure and Transport, the Vice Ministers of Oceans and Fisheries and any person appointed by the heads of local governments of the affected areas and in charge of commemorative projects;
2. Persons with abundant expertise and experience in psychology, safety, health, education, culture, urban planning, architecture, environment, or landscaping commissioned by the Prime Minister.
(7) The support and commemorative committee may have an organization to support the collection and examination of data necessary for deliberations and resolutions under paragraph (2) and the promotion of commemorative projects.
(8) Matters necessary for the composition and operation of the support and commemorative committee and sectional committees, procedures for appointing members, installation of a support organization, etc. shall be provided for by Presidential Decree.
 Article 38 (Name of Memorial Park, etc.)
The support and commemorative committee shall obtain public opinion by inviting public participation for the names of the memorial park, memorial museum and memorial stone (hereinafter referred to as "memorial facilities") and deliberate and adopt a resolution thereon.
 Article 39 (Exceptions to Establishment of Memorial Facilities)
(1) The State, etc. may establish memorial facilities, notwithstanding relevant Acts such as the National Land Planning and Utilization Act, the School Health Act, the Act on Special Measures for Designation and Management of Development Restriction Zones.
(2) Matters necessary for the establishment, etc. of memorial facilities under paragraph (1) shall be provided for by Presidential Decree.
 Article 40 (Contribution, etc. to April 16 Foundation)
(1) The State may provide contributions or subsidies to a foundation (referring to a foundation designated by the support and commemorative committee pursuant to Article 37 (2) 3 which is a non-profit juristical person established pursuant to Article 32 of the Civil Act; hereinafter referred to as "April 16 foundation") for five years after establishment which is established to commemorate victims of the April 16 Sewol ferry disaster and to contribute to preventing other large disaster by conducting the following projects:
1. Operations and management of memorial facilities and implementation of memorial events;
2. Projects to prevent any accidents and promote the culture of safety;
3. Projects to support with psychological and living stability of sufferers and return of such sufferers to society;
4. Other projects necessary to attain the objectives of establishment of the foundation.
(2) The State, etc. may delegate to the April 16 foundation memorial projects, such as operations, management, etc. of memorial facilities created and established pursuant to Article 36.
 Article 41 (Exceptions to Donations)
(1) Notwithstanding the main sentence of Article 5 (2) of the Act on Collection and Use of Donations, the April 16 foundation may receive donations provided voluntarily insofar as compliance with the objectives of the projects are observed.
(2) Matters necessary for procedures, etc. for the receipt of donations under paragraph (1) shall be provided for by Presidential Decree.
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 42 (Exercise of Claim for Reimbursement by State, etc.)
(1) Where human resources and equipment are mobilized for rescue at sea and prevention of victims from drifting away the State, etc. may preferentially provide payment for incurred expenses.
(2) The State, etc. may exercise a claim for reimbursement over those persons who caused the Sewol ferry to capsize where he State, etc. provides for disbursements for any of the following: <Amended by Act No. 15461, Mar. 13, 2018>
1. Compensations paid pursuant to Article 6;
1-2. Compensation paid pursuant to Article 7;
2. Preferential payments under paragraph (1);
3. Expenses disbursed during the process of managing the April 16 Sewol ferry disaster.
 Article 43 (Confidentiality)
Members and staff of the Deliberative Committee or persons who were members and staff of the Deliberative Committee, specialists or private organizations who performed duties of the Deliberative Committee and related persons shall not provide or disclose confidential information of the Deliberative Committee, documents, data or articles to other persons or use such information for any purposes other than for the performance of duties of the Deliberative Committee.
 Article 44 (Prohibition, etc. of Misrepresentation of Qualifications)
(1) No person shall misrepresent the qualifications of members or staff of the Deliberative Committee or of the support and commemorative committee to exercise the authority of such committees.
(2) No person shall form an organization for the purpose of making profit, or perform a collective action or an individual activity under the pretext of supporting sufferers.
 Article 45 (Protection of Rights)
Rights created under this Act shall not be transferred, seized, or provided as a security to other persons.
 Article 46 (Redemption of Compensation, etc.)
(1) The State, etc. shall redeem an amount equivalent thereto where a person who is provided with compensation or ex gratia payments under this Act, monetary support, such as cost-of-living subsidies, or other support satisfies any of the following subparagraphs:
1. Where compensation or other support is received through deceptive or fraudulent means;
2. Where wrongful compensation or other support is provided.
(2) Where compensation, etc. are to be redeemed pursuant to paragraph (1) and a person to return such compensation fails to do so within the specified period, the compensation may be collected in the same manner as a delinquent national tax or as local tax.
CHAPTER VI PENALTY PROVISIONS
 Article 47 (Penalty Provisions)
(1) Any person who receives cost-of-living subsidies, etc. under this Act using deceptive or fraudulent means shall be punished by imprisonment for not more than five years or a fine not exceeding 50 million won.
(2) Any of the following persons shall be punished by imprisonment for not more than three years or a fine not exceeding 30 million won:
1. A person who fails to comply with the duty of confidentiality in violation of Article 43;
2. A person who misrepresents the qualifications of a member or staff in violation of Article 44 (1);
3. A person who forms an organization, or performs a collective action or an individual activity in violation of Article 44 (2).
 Article 48 (Attempts)
Attempts to commit an offense under Article 47 (1) shall be punished.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation.
Article 2 (Preparations for Enforcement of this Act)
Establishment of the Deliberative Committee and the support and commemorative committee, such as appointment of members thereof, etc., and appointment of staff of the organization to support the Deliberative Committee and of the support and commemorative committee may be conducted before this Act enters into force.
Article 3 (Applicability concerning Overlapping Support)
Where a sufferer has received or receives support due to the April 16 Sewol ferry disaster various support under this Act may be provided with the exception of support that is equivalent in the details that has been given or is being given to such sufferer.
Article 4 (Exceptions to Treatment of Psychological Symptoms, Mental Illness, etc.)
Article 25 shall also be applicable to the treatment of psychological symptoms, mental illness, etc. aggravated due to the April 16 Sewol ferry disaster from January 1, 2015 to the day this Act enters into force.
Article 5 (Exceptions to Application of Leave of Absence for Treatment)
The period provided to a person falling under Article 26 (1) during which the person is given special consideration from work or a leave of absence or is provided with a special successful employment package program by the Minister of Employment and Labor before this Act enters into force shall be included in the period of a leave of absence for treatment under paragraph (2) of the same Article.
Article 6 (Exceptions to Support of Leave of Absence for Treatment)
Article 27 shall apply even to cases in which an employer allows a leave of absence for treatment between October 16, 2014 and the date this Act enters into force.
ADDENDUM <Act No. 14759, Apr. 11, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation: Provided, That with regard to the Acts amended pursuant to Article 5 of the Addenda, the parts that amend the Acts promulgated before this Act enters into force but of which the enforcement date has not yet transpired shall enter into force on the date on which the respective Acts enter into force.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15461, Mar. 13, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Exceptions to Compensation for Losses)
(1) The amended provisions of Article 7 (1) 3 shall also be applicable to the fishery workers who suffer damage before this Act enters into force.
(2) The application for compensation pursuant to the amended provisions of Article 7 (1) 3 shall be filed within six months after this Act enters into force, notwithstanding Article 10 (2).
Article 3 (Exceptions to Exercise of Claim for Reimbursement by State, etc.)
The amended provisions of Article 42 (2) shall also be applicable to the expenses paid or disbursed before this Act enters into force.